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        NOTICE: It is the policy of the presiding judge in Palmer Lake Municipal Court not to accept negotiated plea settlements.  If your ticket in in this court, counsel must prepare for trial; trial fees and costs would be quoted.

        Municipal courts do not have the availability of e-Filing as do state district courts, however some of the local area smaller municipal courts have now come into the 21st century by accepting pleadings and filings via email and payment of fines and costs via bank on-line bill pay.  Depending upon court policy regarding entry of plea via email and e-payment subsequent to negotiation without the necessity of physical appearance, travel time & mileage may possibly be avoided.  Not all courts permit this.

Yes.  The statutes have withstood constitutional challenge.     

What about the fact I was driving on private property, not a public roadway?  doesn't matter - not a defense

        Reckless Driving.  One may be said to be guilty of wanton behavior when, although the defendant may not have deliberately intended to injure anyone, he consciously chooses a dangerous course of action which to a reasonable mind creates a strong probability that injury to others will result. Martin v. People, 179 Colo. 237, 499 P.2d 606 (1972). 

        One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser. People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).  This means careless driving is a "lesser included offense" of reckless driving, and if charged with reckless, a defendant may request a jury instruction on careless.  Reckless driving is a "lesser included offense of vehicular eluding.  People v. Pena, 962 P.2d 285 (Colo. App. 1997).

        Both reckless and careless driving offenses consist of two elements: (1) the act of driving a motor vehicle, and (2) the state of mind in "disregard" of or "without due regard" for safety. People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).

        The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving than in careless driving, although it falls short of intentional wrongdoing. id.

        Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a State of Colorado Accident Report must be submitted to the DMV within 10 days of an accident. CRS 42-4-1609 Also by statute, statements by a driver in the accident report may not be used in conjunction with any court proceedings, criminal or civil, except that the DMV may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. CRS 42-4-1610, CRS 42-7-504.  The primary purpose of filing the accident report is to comply with state law, and to provide evidence of insurance on the vehicle - thereby avoiding an FRA suspension.- refer to link for information.  If any of the below charges are alleged, a driver should consult with his or her defense attorney regarding exercise of constitutional privileges before making any oral or written statement.

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        DMV - State of Colorado Accident Report
        DMV - Evidence of Insurance
        DMV - Affidavit of Financial Responsibility
        DMV - FRA - Release from Liability
        DMV - FRA - Waiver of Security - Financial Responsibility
        DMV - Promissory Note Contract
        DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance
        Other DMV forms

        CSPD Accident Cold Report    due within 72 hours of accident  (large file - please be patient)
                Any person may obtain a hardcopy cold report from the CSPD Police Operations Center

        Careless driving offense is usually charged when a motor vehicle accident has occurred.  Negligence is a factual determination based upon the circumstances of the case.  Unless the defendant can challenge reasonable suspicion for the initial contact, frequently the case turns upon factual argument.  Prosecutors usually offer reasonable plea bargains regarding careless driving and the case need not go to trial.

        Reckless driving is usually charged in cases of excessive speed, especially when combined with weaving in and out of traffic.  It's frequently charged in connection with a DUI case or a younger driver feeling his oats, and it's not uncommon a motorcycle was being driven.  Reckless driving is more likely to be charged today than years past due to the proliferation of cell phones and road rage - a driver got somebody royally pissed off and the other driver called you in.  As with careless driving, this is a factual circumstance argument the prosecutor won't deal the case and the defendant can not challenge reasonable suspicion for the initial contact.

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.